Legal News | 17.07.24

What is an easement and why is it important?

An easement is the right benefiting a piece of land that is enjoyed over land owned by a third party, often a neighbouring land.

Some examples of easements may be:

• Rights to receive light
• Rights of access for maintenance
• Rights for drainage pipes or other service media to pass over or under land
• Rights of access to drive over a shared driveway

When purchasing a property you may find that there are rights over a neighbouring piece of land or that your neighbour has rights that are exercisable over your land. In some cases, it is not obvious what rights there may be, but your solicitor can identify these and advise you of any rights you or your neighbour will have over your property. Your solicitor will also ensure any rights allow you to use your property in the expected manner.

Looking in more details at the examples stated above, here are some rights you should look out for when purchasing a property:

• A right of way over the roads leading to your property. You don’t need a specific right if the Highways Agency maintains the road leading to your property because you have a right to use it as does everyone else in the public. But not every road is adopted by the Council, and there’s a chance that a private road leads to your home. You will require a right of way over that private road if this is the case. Furthermore, you ought to ascertain who owns the road and whether you are required to pay cost towards the maintenance. If it is not in good upkeep, this could indicate that the owner is not keeping up with their maintenance responsibilities and could potentially pose problems in the future.
• A right to use the pipes, wires and drains that lead to your property. Pipes, wires, and drains that allow utilities such as electricity and water to enter and exit your home frequently cross other people’s land. To utilise these services and the service media through which they transit, you must have the necessary rights. You would also want the right to enter neighbouring land in order to repair the service media if necessary.
• A right to light or air. This right is frequently denied by developers on new estates since it allows you to protest to development on adjacent land if it blocks light or air to your property. This is typically more significant in densely populated and built up areas, and it is a complex area of law.
• A right of access to neighbouring properties to allow you to maintain your own. If your house abuts the boundary of your land you might need access to your neighbour’s land to maintain your house, carry out repairs or even clean the windows.

Some rights are not specifically listed in paperwork when purchasing a property, especially if purchasing an older property, it is therefore important that your solicitor advises you of any essential rights so you are aware of this when you own the property and can exercise these rights.

If you would like further guidance, or if you are looking for a conveyancer to handle your property purchase or sale, please contact our Residential Property team at property@wansbroughs.com | 01380 733367.